BILL NUMBER: AB 1910	CHAPTERED  07/21/00

	CHAPTER   150
	FILED WITH SECRETARY OF STATE   JULY 21, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   MAY 30, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   MAY 22, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000
	AMENDED IN ASSEMBLY   APRIL 6, 2000

INTRODUCED BY   Assembly Member Migden

                        FEBRUARY 11, 2000

   An act to amend Section 130105, and to add Section 130140.1 to the
Health and Safety Code, relating to child development, and declaring
the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1910, Migden.  Children and family health programs.
   (1) The California Children and Families Act of 1998 requires that
the California Children and Families Program, established by the
act, be funded by certain surtaxes imposed on the sale and
distribution of cigarettes and tobacco products and deposited into
the California Children and Families Trust Fund Account, and that the
fund be used for the implementation of comprehensive early childhood
development and smoking prevention programs.  Existing law
establishes a state commission, the California Children and Families
Commission, with specified powers and duties and requires that funds
in the account be distributed to those counties that elect to
participate in the program by creating county commissions and meeting
other criteria.
   Existing law specifies the manner in which moneys in the fund
shall be allocated, including providing that 1% shall be deposited in
an Administration Account for expenditures for the administrative
functions of the state commission, and that 2% shall be deposited in
an Unallocated Account for expenditure by the state commission for
specified purposes.
   This bill would authorize a county electing to participate in the
California Children and Families Program, and meeting specified
requirements, to establish its county commission as either a legal
public entity separate from the county, or an agency of the county
and would revise certain powers and duties of the county commissions.
  The bill would authorize the transfer of any funds in the
Administration Account not needed for the administrative functions of
the state commission to the Unallocated Account, upon approval by
the state commission.
   (2) An initiative measure, the act provides that it may be amended
only by a vote of 2/3 of the membership of both houses of the
Legislature and that all amendments to the act shall be to further
the act and must be consistent with its purposes.
   This bill, in conformance with those requirements, would declare
that its provisions further the act and are consistent with its
purposes.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 130105 of the Health and Safety Code is amended
to read:
   130105.  The California Children and Families Trust Fund is hereby
created in the State Treasury.
   (a) The California Children and Families Trust Fund shall consist
of moneys collected pursuant to the taxes imposed by Section 30131.2
of the Revenue and Taxation Code.
   (b) All costs to implement this act shall be paid from moneys
deposited in the California Children and Families Trust Fund.
   (c) The State Board of Equalization shall determine within one
year of the passage of this act the effect that additional taxes
imposed on cigarettes and tobacco products by this act has on the
consumption of cigarettes and tobacco products in this state.  To the
extent that a decrease in consumption is determined by the State
Board of Equalization to be the direct result of additional taxes
imposed by this act, the State Board of Equalization shall determine
the fiscal effect the decrease in consumption has on the funding of
any Proposition 99 (the Tobacco Tax and Health Protection Act of
1988) state health-related education or research programs in effect
as of November 1, 1998, and the Breast Cancer Fund programs that are
funded by excise taxes on cigarettes and tobacco products.  Funds
shall be transferred from the California Children and Families Trust
Fund to those affected programs as necessary to offset the revenue
decrease directly resulting from the imposition of additional taxes
by this act.  Such reimbursements shall occur, and at such times, as
determined necessary to further the intent of this subdivision.
   (d) Moneys shall be allocated and appropriated from the California
Children and Families Trust Fund as follows:
   (1) Twenty percent shall be allocated and appropriated to separate
accounts of the state commission for expenditure according to the
following formula:
   (A) Six percent shall be deposited in a Mass Media Communications
Account for expenditures for communications to the general public
utilizing television, radio, newspapers, and other mass media on
subjects relating to and furthering the goals and purposes of this
act, including, but not limited to, methods of nurturing and
parenting that encourage proper childhood development, the informed
selection of child care, information regarding health and social
services, the prevention of tobacco, alcohol, and drug use by
pregnant women, and the detrimental effects of secondhand smoke on
early childhood development.
   (B) Five percent shall be deposited in an Education Account for
expenditures for programs relating to education, including, but not
limited to, the development of educational materials, professional
and parental education and training, and technical support for county
commissions in the areas described in subparagraph (A) of paragraph
(1) of subdivision (b) of Section 130125.
   (C) Three percent shall be deposited in a Child Care Account for
expenditures for programs relating to child care, including, but not
limited to, the education and training of child care providers, the
development of educational materials and guidelines for child care
workers, and other areas described in subparagraph (B) of paragraph
(1) of subdivision (b) of Section 130125.
   (D) Three percent shall be deposited in a Research and Development
Account for expenditures for the research and development of best
practices and standards for all programs and services relating to
early childhood development established pursuant to this act, and for
the assessment and quality evaluation of such programs and services.

   (E) One percent shall be deposited in an Administration Account
for expenditures for the administrative functions of the state
commission.  Any funds not needed for the administrative functions of
the state commission may be transferred to the Unallocated Account
described in subparagraph (F), upon approval by the state commission.

   (F) Two percent shall be deposited in an Unallocated Account for
expenditure by the state commission for any of the purposes of this
act described in Section 130100 provided that none of these moneys
shall be expended for the administrative functions of the state
commission.
   (G) In the event that, for whatever reason, the expenditure of any
moneys allocated and appropriated for the purposes specified in
subparagraphs (A) to (F), inclusive, is enjoined by a final judgment
of a court of competent jurisdiction, then those moneys shall be
available for expenditure by the state commission for mass media
communication emphasizing the need to eliminate smoking and other
tobacco use by pregnant women, the need to eliminate smoking and
other tobacco use by persons under 18 years of age, and the need to
eliminate exposure to secondhand smoke.
   (H) Any moneys allocated and appropriated to any of the accounts
described in subparagraphs (A) to (F), inclusive, that are not
encumbered or expended within any applicable period prescribed by law
shall (together with the accrued interest on the amount) revert to
and remain in the same account for the next fiscal period.
   (2) Eighty percent shall be allocated and appropriated to county
commissions in accordance with Section 130140.
   (A) The moneys allocated and appropriated to county commissions
shall be deposited in each local Children and Families Trust Fund
administered by each county commission, and shall be expended only
for the purposes authorized by this act and in accordance with the
county strategic plan approved by each county commission.
   (B) Any moneys allocated and appropriated to any of the county
commissions that are not encumbered or expended within any applicable
period prescribed by law shall (together with the accrued interest
on the amount) revert to and remain in the same local Children and
Families Trust Fund for the next fiscal period under the same
conditions as set forth in subparagraph (A).
   (e) All grants, gifts, or bequests of money made to or for the
benefit of the state commission from public or private sources to be
used for early childhood development programs shall be deposited in
the California Children and Families Trust Fund and expended for the
specific purpose for which the grant, gift, or bequest was made.  The
amount of any such grant, gift, or bequest shall not be considered
in computing the amount allocated and appropriated to the state
commission pursuant to paragraph (1) of subdivision (d).
   (f) All grants, gifts, or bequests of money made to or for the
benefit of any county commission from public or private sources to be
used for early childhood development programs shall be deposited in
the local Children and Families Trust Fund and expended for the
specific purpose for which the grant, gift, or bequest was made.  The
amount of any such grant, gift, or bequest shall not be considered
in computing the amount allocated and appropriated to the county
commissions pursuant to paragraph (2) of subdivision (d).
  SEC. 2.  Section 130140.1 is added to the Health and Safety Code,
to read:
   130140.1.  (a) In the event a county elects to participate in the
California Children and Families Program, and satisfies the
requirements set forth in Section 130140, the county may establish a
county commission that is either of the following:
   (1) A legal public entity separate from the county.
   (2) An agency of the county with independent authority over the
strategic plan described in Section 130140 and the local trust fund
established pursuant to subparagraph (A) of paragraph (2) of
subdivision (d) of Section 130105.
   (b) In the event a county elects to establish a county commission
as specified in paragraph (1) of subdivision (a), the following
conditions shall apply:
   (1) The county commission shall be considered a legal pubic entity
separate from the county, and shall file a statement as required by
Section 53051 of the Government Code.
   (2) The powers, duties, and responsibilities of the county
commission shall include, but shall not be limited to, the following:

   (A) The power to employ personnel and contract for personal
services required to meet its obligations.
   (B) The power to enter into any contracts necessary or appropriate
to carry out the provisions of this division.
   (C) The power to acquire, possess, and dispose of real or personal
property, as necessary or appropriate to carry out the provisions
and purposes of this division.
   (D) The power to sue or be sued.
   (3) The county commission shall be deemed to be a public agency
that is a unit of local government for purposes of all grant programs
and other funding and loan guarantee programs.
   (4) Any obligations of the county commission, statutory,
contractual, or otherwise, shall be obligations  solely of the
commission.
   (5) All claims or actions for money or damages against a county
commission shall be governed by Part 3 (commencing with Section 900)
and Part 4 (commencing with Section 940) of Division 3.6 of Title 1
of the Government Code, except as provided by other statutes or
regulations that expressly apply to county commissions.
   (6) The county commission, its members, and its employees, are
protected by the immunities applicable to public entities and public
employees governed by Part 1 (commencing with Section 810) and Part 2
(commencing with Section 814) of Division 3.6 of Title 1 of the
Government Code, except as provided by other statutes or regulations
that apply expressly to the county commissions.
   (7) If a county board of supervisors elects not to continue the
county's participation in the California Children and Families
Program, the board shall adopt an ordinance terminating the county
commission.
   (A) In terminating its county commission, the board of supervisors
shall allow, to the extent possible, an appropriate transition
period to allow for the county commission's then-existing obligations
to be satisfied.
   (B) In event of termination, any unencumbered and unexpended
moneys remaining in the local Children and Families Trust Fund shall
be distributed pursuant to subdivision (e) of Section 130140.
   (C) Prior to the termination of the county commission, the board
of supervisors shall notify the state Children and Families
Commission of its intent to terminate the county commission.
   (D) The liabilities of the county commission shall not become
obligations of the county upon either the termination of the county
commission or the liquidation or disposition of the county commission'
s remaining assets.
   (c) If a county elects to establish a county commission as
provided in paragraph (2) of subdivision (a), the county commission
shall be deemed to be an agency of the county with independent
authority over the strategic plan described in Section 130140 and the
local Children and Families Trust Fund established pursuant to
subparagraph (A) of paragraph (2) of subdivision (d) of Section
130105.
   (d) Any county commission established prior to the effective date
of this section that substantially complies with the provisions of
either subdivision (b) or (c) shall be deemed to be in compliance
with this section.
  SEC. 3.  The Legislature finds and declares that this act furthers
the California Children and Families Act of 1998 enacted by
Proposition 10 at the November 3, 1998, general election, and is
consistent with its purposes.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Proposition 10, approved at the November 3, 1998 general election,
requires the establishment of county commissions to create and
implement a system of information and services to enhance optimal
early childhood development.  In order for these commissions  to
operate fully and at the earliest possible time, it is necessary that
this act take effect immediately.
